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or
a Water Permit for Hydraulic Power Development and In-
dustrial Purposes or for a Permit to Dump Mine Tailings or Wastes
I Location and conceptual plans on convenient scale showing the
source of water layout of proposed works and point of diversion
determined graphically by its latitude and longitude;
2. Brief description of project including among others how water will
beused amount of water needed for the purpose power expected to
begenerated if applicable
amount
of water to bedischarged back to
the source and measures to be taken to insure that such waters are
not polluted other relevant information;
3. Articles of Incorporation or Articles of Partnership in case applicant
isa private corporation or partnership or certificate of registration in
case of cooperatives; and
4. When the application is for industrial use of ground water the loca-
tion and spacing of drilling well sites instead of diversion point should
be indicated in the location plan.
e. or
a Water Permit for Municipal Purposes
1. Location. topographic and layout map showing the relative position
of source area to besupplied and diversion point determined graphic-
ally by its latitude and longitude;
2. Brief description of the project including nature and amount of
water to be used population and area to beserved and other perti-
nent facts and information;
3. Articles of Incorporation or Articles of Partnership in case applicant
is a private corporation or Partnership or Certificate of Registration
in case of cooperatives;
4. When the application involves the use of groundwater the location
and spacing of drilling well sites determined graphically by latitude
and longitude should be indicated in the location plan; and
5. When it involves the reuse of waste water for human consumption.
the application should be accompanied by a clearance from the
Department of Health allowing the reuse of said waste water and set-
ting forth the conditions therefor.
D.
or
a Water Permit for Recreational Fisheries and Other Purposes
1.
Location and conceptual plan showing the relative location of the
project with the body of water to
be
utilized for the purpose deter-
mined graphically by its latitude and longitude;
2. Brief description of the project including among others how the
water is to be used area of water surface needed for the purpose or
amount of water to be appropriated and location of diversion canal if
diversion is to be made scheme of development. and other relevant
information; and
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3. r t i c l ~ s of Incorporation or Articles of Partnership in case applicant
IS
a private corporation or partnership, or Certificate of Registration
in case of cooperatives.
E.
or
a Permit for Drainage Purposes -
I. Brief description of project for which drainage scheme is necessary;
2. Location and layout maps of drainage works showing area to be
drained, route of drainage canal
and
drainage outlet which should be
a natural body of
water
or a
natural
waterway;
3. Articles of Incorporation or Articles of Partnership in case applicant
is a private corporation or partnership, or Certificate of Registration
in case of cooperatives.
F. Such
other documents that
may be required by the Council .
Section _ ther Requirements
-
In addi tion to the requirements
under Section 4, the following are required in the specific instances indicated:
A.
or
Well Drilling - Except
when
manual well drilling will be
employed, all applications involving extraction of ground water shall
include the name of a duly licensed well driller who will undertake
the drilling. Except for
manual
wel driling, no person shall engage in
the business of drilling wells for the purpose of ext ract ing ground
water
without
first registering as a well driller with the Council .
B.
or
Transfer of a Water Permit - Applications for the transfer of a
water permit from one person to
another
shall include the reasons for
the transfer.
C. orLease of a
Water
Permit - Applications for the lease of a wa ter
permit to
another
person shall be accompanied by a duly executed
contract of lease subject to the approval of the Council. No contract
of lease shall be for a
continuous
period exceeding five
5
years;
otnerwise the
contract
shall be treated as a transfer of permit in favor
of the lessee.
D. or all Applications to Appropriate Water - Water permit anplica
tions filed for
any
purpose shall be accompanied by a Certificate of
tree planting, survival,
cr
completion as the case may be in the name
of the applicant as provided under P.O. 1153.
Section _
iling
ee
-
there shall be imposed
and
collected a fee of
One undred
Pesos PI00.00) from every applicant, except government agen
cies,
water
districts,
and
duly organized associations or cooperatives for irriga
tion
;
rural
water
supply which shall be paid to the Council in postal money
order thru
the
Office
where the
application is filed.
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Section 7
Water harges
- Except when the appropriation
is
for
family domestic purpose or when the quant ity of water appropriated for
agricultural use isnot more than 5 liters per second, all appropriators shall pay
to the Council in the manner provided under Section 6 hereof, an annual
water charge in accordance with the following schedule:
A or the use of water when diverted/extracted from the natural
source:
Rate of Withdrawal
liters/second
I
Not more
han
30
2 More than 30 but not exceeding 50
3 More than 50
Charge per liter/sec.
PO 5
0.75
1.00
B. For the use of surface water at its natural location for fish culture:
1 For a surface area
not
to exceed 15 hectares - fl20.00Iha.
2 For a surface area of more than 15 hectares - P300 plus
P30/ha. of the excess over 15 hectares.
or
this purpose a fraction of a hectare shall be considered as one hec
tare.
The Council may revise the above water charges or impose special water
rates from time to time as the need arises taking into consideration, among
others, the following:
a Intended use of water;
b Quantity/rate of water withdrawal vis-a-vis other users taking into ac-
count the water bearing potential
of
the source;
c Environmental effects;
d Extent to which water withdrawal will affect the source; and
e Development cost of bringing ater from the source.
Section 8 Processing Posting
nd
Sending of otices ofApplications
- Upon receipt of an application for water permit. the Office concerned shall
process the same to determine compliance with the requirements prescribed in
Section 4 hereof. It found in order,
and
upon payment of the filing fee, notices
of the application shall be posted in a conspicuous place insaid office and shall
remain posted for a period of Sixty 60 Jays. Notices of application shall, like
wise, be sent by the said office to the following for posting in a conspicuous
place for th- same period.
a Barangay Chairman of the place where the point of diversion is
located:
b Municipal Secretary of the town where the point of diversion is
located;
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c)
The
Secretary of the Sangguniang Panlalawigan of the provice where
the
point
of diversion is located;
d) Public Works District Engineer or Provincial Irrigation Engineer as
the case may be.
Copies of the notice of application shall, likewise, be furnished to con
cerned Regional Offices of the Ministry of Public Works, National Irrigation
Administration, Na ti onal Pow er C or por at ion and Ministry of Na tur al
Resources and Local Water District Office, if any. .
e tion
ction
ft r
Posting
of
Notices
for
ppropriation
of
Sur-
face aters
A
Investigation and Studies
After seven
7)
days from the first day of posting of notice at the
office where he application is filed, the office concerned shall deter
mine:
I The
approximate seasonal discharge of the water source;
2) The
amount
of water already appropriated for beneficial use;
3)
The
w at er r equi rement of the appli cant as determi ned from
standards.of beneficial use prescribed by the Council;
4) Possible adverse effects on existing grantees/permittees or
public/private interest;
5) Environm ent al effects;
6) Land-use economics;
7) Whether the area to
be
irrigated can be integrated with that of
an existing or proposed irrigation association for common ir
rigation facilities and
8) Other relevant factors.
Protests on Applications -
Any
person who may be adversely af
fected by the proposed appropriation may file a verified protest with
the
Councilor
with any deputized agency investigating the applica
tion within sixty 60) days after posting of the Notice of Application
in the office where the application was filed.
Protests to an application for water permit shall be governed by
the rules prescribed for resolving water use controversies.
C Action on Application - Within thirty 30)days from the first day of
posting of notice, the Office investigating the application shall
transmit the same together with all the records, findings of facts and
its comments and recommendations, as well as those of other govern
ment agencies, if any, to the Counc il for final action through the
Public Works Regional Director.
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In cases of application for irrigation, the report shall also becoursed thru
the Regional Irrigation Director
who
shall transmit the same to the Public
Works Regional Director.
In cases of applications for hydraulic power, the Public Works Regional
Director shall transmit the application, thru the Central Office of the National
Power Corporation, Manila, which shall forward the same to the Council with
its comments and recommendations within thirty 30 days from receipt
thereof.
Section
1 ction fter Posting Notices r ppropriation
Ground ater
A. Permit to Drill -
The
application to appropriate ground
water
shall
be processed for adherence to requirements
and
shall be investigated
in the
fieldto
determine any adverse effect to public or private in
terest. Protests on the application shall be governed by Section 9-B
hereof. the application meets the requirements and has been found
not prejudicial to public or private interest it shall
be
transmitted,
following the requirements of Section 9 hereof, to the Regional Direc
tor of the Ministry of Public Works who is hereby authorized to issue
the permit to drill which shall be subject to the following conditions:
I
Drilling operations shall
be
in accordance with the rules provided
herein;
2 The rate of water withdrawal to be approved shall be determined
after pumping tests and shall in no case exceed the rate stated in the
application;
3 A permit to drill shall remain valid for six 6 months, unless a longer
period is allowed by the Council for reasonable grounds;
and
4 The permit to drill shall be regarded as a temporary permit,
and
the
regular permit shall
e
issued after the rate of water withdrawal has
been determined.
B Result of Drilling Operations - A report on the result of the drilling
operations shall be submitted to the investigating office within the
6-month period stated in the preceding .section.
The
report shall in
cluce a description of each drilling site, the drilling log, the yield of
the well and the assessment of
data
obtained.
C I
nvestigation and Studies - Upon receipt of the report on drilling
operations, the investigating office shall consider the proposed with
drawal of ground water in relation to the following:
I Safe yield of the source, reasonable or feasible pumping lift;
2 Beneficial use;
3 Adverse effects on existing lawful users of water or to public or
private interest:
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4) Effects on the environment;
5) Danger of contamination of aquifers, deterioration of water
quality or salt water intrusion;
6) Adequacy of proposed well, works, plans and specifications
towards meeting prescribed standards; and
7) C omment s and /o r reco mmendatio ns of o th er agencies.
D. Fi na l Ac tion on Application - Within thirty 30) d ays from the first
day of receipt of report of well drilling operations, the Office investi
gating the application shall transmit. thr ough the Public Works
Regional Director, to the Council, for final action the application for
w at er permit, t ogether with all the records, findings of facts and its
comment and recommendations as wellas those of other government
agencies.
Section Council ction -
The
Council shall approve or disap
prove applications for water permits, within sixty 60) days after receipt of
recommendation of its deputized agent and other agencies requested to com
ment, unless a longer period is needed for the disposition of protests filed with
the Council. In cases of application for industrial use or in cases of such other
use where waters may become pol uted, the Council shall refer the application
to the National Pollution Control Commission for comment and recommen
dation. f deemed necessary, the Council shall refer the application to other
agencies concerned as the case may be.
Section 2 Water Permit
- Approved applications shall be issued
water permits subject to such conditions as the Council may impose. Such per
mit must bear the seal of the Council and the signature of the Executive Direc
tor. A copy of said permit shall be furnished the Office where the application
was filed. Disapproved applications shall be returned to applicants through the
office where the same was filed. within thirty 30) days of such disapproval.
stating the reasons therefor.
The Council shall, moreover, furnish periodically all PW Regional Direc
tors, PW District Engineers. and N A Regional Directors and Provincial Ir
rigation Engineers, a list of approved w ater permits grante d within their
respective areas of jurisdiction.
Section 3 Conditions in Permits - W at er P ermit s issued by the
Council shall be subject to such terms. restrictions and limitations as it may
deem p ro per to impose, and to any, or all of the following conditions:
a) That within one I) year from the receipt of the permit the applicant
shall submit to the Council for approval, the plans and specifications
for the diversion works, pump structure, water measuring device, and
other required structures and in addition for private sector projects
the implementing schedules of construction. No construction work or
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private sector projects shall commence until the plans, spedl ieatiOJlS
and implementing schedules are duly approved. When the 11verslon
dam is temporary and less than two 2)meters high, the submission of
plans for the dam may not be required.
b) The cons truc tion of the necessary structures and diversion works
shall begin withing ninety 90)days from the date of receipt of the ap
proved plans, specifications and implementing schedules and shall
be
completed within the approve d schedule unless exte nded by the
Council for valid or justifiable reasons: Provided, that water shall
not
be diverted, pumped or withdra wn until a fter such s truc ture s and
works shall have been inspected and approved by the Council, unless
otherwise allowed. Except in cases of emergency to save life or-pro
perty or repairs in accordance with plans originally approved, the
alteration or repair of these structures shall not be undertaken with
out the approval of the Council.
c) The right of a permittee to the A mo un t of wat er allowed in the per
mit is only to the portion or extent that he can use beneficially for the
purpose stated in the permit.
he
diversion of the water shall
be
from
the source and for the purpose indicated in the permit nd in no case
should said use exceed the quantity and period indicated therein, In
gravity diversions, regulating gates of the canal shall be closed when
water is not needed.
d) The Council may, after due notice and hearing, reduce at anytime the
quantity of water or adopt a system of apportionment, distribution,
or rotation thereof when the facts are circumstances in any situation
would warrant the same in the interest of the public and/or legal ap
propriations.
e) The Council may, a fter due notice and hearing, revoke the permit in
favor of projects for greater beneficial use or for multi-purpose devel
opment, subject to compensation in proper cases.
The Council shall revoke or suspend the permit if the permittee
violates effluent/water quality standards as determined by the Na
tional Pollution Control Commission.
g) At any time after completion of diversion works and necessary struc
tures,
nonuse
of the water for the purpose stipulated in the permit
for a period of three consecutive years shall render said permit null
and void, except as the Council may otherwise allow for reasons
beyond the control of the permittee.
h) Any person in control of a well shall prevent the waste of water there
from and shall pre vent water from flowing onto the surface of the
land or into any surface water without being beneficially used, or into
any porous stratum underneath the surface.
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i Any person in control of a well shall prevent water contauung
mineral or ot he r substances injurious to the hea lth of huma ns or
animals or to agriculture and vegetation from flowing onto the sur
face of the land or into any surface or into any other aquifer or
porous stratum.
Section 4
Periodic
n
Final Inspection ofProject -
The
Council
or its authorized agents who investigated the application may conduct
periodic inspection while contruction, alteration, or repair is in progress as
well as final inspection t hereof to ascer tain w heth er or not the same is in ac
cordance with approved plans
and
specifications.
A report of inspection within ten 10 days from date thereof shall besub-
mitt ed to the C ou ncil thru the Public Works Regional Director.
Section
1 5. Notice ofCompleted Structures Diversion Works -
The
permittee shall inform the Council or its deputy concerned,
that
the necessary
structures and diversion works required have been completed in accordance
with approved plans and specifications.
In addition, in cases of appropriation of ground water the permittee shall
inform the C ou ncil as to the d ep th and diameter of the well, the drilling log,
the specifications and location of a casings, cementing, screens and perfora
tions, and the results of tests of capacity, flow, drawdown, and shut-in
pressure.
Section
6 Inspection
of
Works -
Inspection of the premises shall
be conduct ed by any person deputized by the Council to determine com
pliance with the conditions imposed in the permit and such other order, rule
or regulation the Council may issue.
Section
1 7. Certificate
of
Compliance -
The Council shall issue a
certificate of compliance to the permittee/grantee after being satisfied that the
construction of the necessary structures in connection with the water permit
have been duly complied with. Such certificate shall bear the signature of the
Execn
tive Director.
Section
8
Revocation of Permit
-
Any permit issued pursuant to
these rules may be revoked by the Council, after due notice and hearing, for
any of the gr ound s provided herein or in the Code.
Section
9 Recurrent Water Shortage -
For the purpose of Articles
and of the Water Code, recurrent water shortage shall mean the natural
periodic diminution of water in a source of supply to a volume or rate of flow
insufficient to meet the water requirements of all legal appropriators there
from.
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Section 2
Basic Diversion Requirements
r
Agricultural se -
Except when otherwise justified by type of irrigation.system, soil conditions,
kind of crop, topography and -nher factors,
water
permits for agricultural use
shall
begranted on the basis of one liter per second per hectare of land to be ir
rigated.
Section 21 Construction Repair Other Structures -
Apart
from
the structures required under Section 13 and except in cases of emergency to
save lifeor property, or repairs in accordance with plans previously
approved,
the construction or repair of the following structures shall be
unde.taken
only
after plans
and
specifications therefor are approved by the Administrator of
the National Irrigation Administration when the structure is for an irrigation
project, or by the Minister of Public Works in all
other
case enumerated
hereunder:
a) O ff -s tream w at er i mpo un di ng s tr uctu res except earth-fill embank
ments less than
10
meters high from the natural ground surface;
b) Barrages across natural waterways except temporary dams for irriga
tion less t han two 2 meters high from the s tr eam bed;
c) Dikes, levees, r evetments , bul kheads , piers, br eakw at ers and o th er
similar s tr uctur es or de ices that affect the direction or level of
materials in rivers, lakes, and in maritime waters; and
O th er struc tur es not included in the above e nume ra ti on shall be ap
proved by the proper government agencies as may be designated by the Coun
cil.
The approving officials shall prescribe the procedure for filing. processing
and approval of the plans and specifications. Structures required in water per
mits shall be approved as prescribed under Section
hereof.
Section 22 _ Establishment
Easements - Actions for tlie establish
ment of easements under Article 25 of the Code shall be governed by the
Rules of Court.
Section 23 _ Establishment
Control Areas - - When the C ouncil
deems it necessary to declare a con tr ol area, it shall publish same in three 3)
newspapers of general circulation setting forth the purpose of the declaration,
the geographic limits of the con tr ol areas , and the regulations necessary to
achieve its objectives.
Section 24 _ Coordinated Use
Waters in Control Areas - In con
trol areas so declared for the coordinated development, protection, and utiliza
tion of ground and surface waters, the appropriation of surface water shall, in
general, have preference over that of ground water and, except as otherwise
allowed by the Council, a permit for the appropriation of ground water isvalid
only to the ext en t t hat it does not prejudice any surface w at er supply.
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Section
5 _
Registration
Wells in Control reas
- declared
control areas, all wells
without water
permits, including those for domestic
use, shall be registered with the Council within two years from the declaration
otherwise any claim
a right on a well is considered waived
and
use of water
therefrom shall be allowed only
after
a
water
permit is secured in accordance
vith Rule
J
hereof.
Section 6 _
Temporary Permits
- The Council may
grant
tem
porary permits for the appropriation and use of water in situations such as the
following.
a Irrigation of an area pending the construction of a larger system to
operated either by the government or by any irrigation association
which will serve said area.
Such
permit shall automatically expire
when water becomes available for the area from the larger system. In
cases where the supply from the larger system is not adequate, the
permit may be modified accordingly.
h
When
there is need to use water for municipal purposes in emergency
situations pending the availability of an alternative source of supply
as provided in Article 22 of the Code;
c For special research projects requiring the use of water for certain
periods of time;
d For temporary use of
water
needed for the construction of roads,
dikes, buildings,
and
other infrastructures;
and
e When there are unforseen delays in the approval of the appl ication
and
appropriation of
water
is necessary pending the issuance of a
water permit, unless the application is protested.
Temporary permits shall be granted by the Council on a case to case basis
specifying the conditions
and
period
under
which the permit is valid.
The
Council may delegate the issuance
of
temporary permits for a period of
not
ex
ceeding six 6 months
and
a
quantity
of not more
than
200 liters per second.
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RULE II
CONTROL CONSERV TION N PROTECTION
OF W TERS W TERSHEDS N REL TED L ND RESOURCES
Section
27 _ Prohibited Construction on Navigable or Flotable Water-
ways -
Except when allowed under these rules, the building of dams. dikes,
or any structure or works or the introduction of fish contraptions or other
devices which encroach into any public navigable or flotable river, stream,
coastal waters, creeks, esteros or drainage channels or other navigable or
flotable public waters, waterways, or bodies of water or which obstruct or im
pede the free passage thereof or cause inundation, shall be ordered removed
by the Minister of Public Works as prohibited construction.
The rules and regulations of the Philippine Coast
Guard
pertaining to
navigation shall be suppletory to these rules. Rivers, lakes and lagoons maybe
declared by the Council as navigable in whole or in part upon recommenda
tion of the Philippine Coast Guard.
Section 28. _
Determination
o
Easements
- All easements of public
use prescribed for the banks or rivers and the shores of seas and lakes shall be
reckoned from the line reached by the highest flood which does not cause in
undation or the highest equinoctial tide whichever is higher. Any construction
or structure that encroaches into such easement shall be ordered removed by
the Minister of Public Works,
Section 29.
When Permit Authority ro the Minister
o
Public
Works is Required
- A permit/authority shall be secured from the Minister
of Public Works in the following instances:
a) Construction of dams, bridges and other structures in navigable or
flotable waterways;
b) Cu.ltivation of river beds, sand bars
and
tidal flats;
c) Construction of private levees, revetments and other hood control
and river training works; and
d) Restoration of river courses to former beds.
Section 30. _
Place
o
Filing Applications -
Applications for permit
authority under the next preceding section may be filed with the Public
Works District Engineer s Office in the province where the project is to be
undertaken.
Section
31._ Form and Contents o Applications
All applications
shall be filed in a prescribed form sworn to by the applicant and supported hy
the following:
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A
or Cultivation of River Beds, Sand Bars
nd
Tidal Flats -
I Location plan showing the river bed, delineation of the area to
be cultivated, the adjoining areas and the corresponding lessees
permittees;
nd
2 Information showing the crops to be planted and the cropping
period.
B. or Private Flood Control Works -
I Location plan showing the river channel, proposed control
works
nd
existing works, if any, in the vicinity;
2 Cross-sections of the river channel in the site;
3 Plans
nd
specifications of control structures;
4 Construction schedule;
nd
5 Articles of Incorporation or Articles of Partnership in case ap
plicant is a private corporation or partnership, or Certificate of
Registration in case of cooperatives.
C
or
Restoration
of
River Courses to Former Beds -
I Affidavits of two disinterested persons attesting to the cir
cumstances of the change in the course of the river or stream,
including the date when such change occurred;
2 Certified copies of the cadastral plans and technical description
of the lots affected by the river or stream, showing the former
course to which the river will be restored.
3 A recent survey map of the area affected undertaken by a
licensed geodetic engineer indicating the present river course as
well as the old cadastral stream boundaries;
4
Articles of Incorporation or Articles of Partnership in case ap
plicant is a private corporation or partnership, or Certificate of
Registration in case of cooperatives; and
5 Scheme
nd
schedule of restoration.
D.
or
Construction of Dams, Bridges, and Other Structures in
Navigable or Flotable Waterways -
1
Vicinity map and ·Iocation plan showing the river and the pro
posed structure:
2 Cross-section of the structure with cross-section of the river at
the location of the structure showing minimum water level,
maximum flood level without structure, and maximum flood
level with structure;
3 Plan showing extent of maximum flooded area without struc
ture and maximum flooded area with structure;
4 Schemes and details of provisions for passage of watercraft;
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Construction schedule;and
6 Articlesof Incorporation or Articles of Partnership in case ap
plicantis a private corporationsor partnership,or Certificate of
Registration in case of cooperatives.
SectIon 3 _ ction on Application - The Public Works District
Engineer shall investigate each application
filed
with this Office and,
necessary, conduct public hearings thereon: He shall transmit his report and
recommendation to the Public Works Regional Director who, after proper
review shall transmit the application with its supporting documents and his
recommendations to the Minister of Public Works, for appropriate action.
Section
33
Limitation on Permits to Cultivate River Beds Sand Bars
nd
Tidal
lats
-
A permit to cultivate river
beds
sand bars and tidal flats
shall be non-transferableand shall not be construed as authorizing reclama-
tion of the.area covered by the permit, or as conferringupon the permittee a
right of ownership thereof by acquisitive prescription.
Section 34 _ Construction and Completion oj Work - The construc
tion of private flood control works and dams, bridges and other structures in
navigable riversor streams shall be undertaken within the approvedconstruc
tion schedule;otherwise, the permit shall automatically be cancelledunless a
longer period is allowed.
Work for the restoration of a river or stream to its former bed shall be
commencedwithin the two
2
years from the date of change in the course of
the river or stream and completed within one
I
year from start of construc
tion.
Section 35 _ Establishment oj Flood Control Areas - Whenever the
Ministerdeems it necessary to declare floodcontrol areas for the protection of
flood plain lands, he shall publish the same in three
3
newspapers of general
circulation setting forth the purpose of the declaration. the geographic limits
of the declaredcontrol area, and the regulations necessary to achieve the ob-
iectives.
Section 36 _
Inter Agency Flood Plain Management Committee
The ministershallform an Inter-agency Flood Plain ManagementCommittee
for each flood plaindeclaredas flood control area, the members ofwhich shall
include, but not limited to, representatives from the following
a Ministry of Public Works
b National Power Corporation;
c Ministry of Local Government;
d National Irrigation Administration; and
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e National Water Resources Council.
The functions of this Committee shall be:
a To establish close liaison among national and local government en
tities and promote the best interest and the coordinated protection
and management of flood plain
l n s
for the mitigation of flood
damages viewed in a larger context to include other aspects such as
environmental quality and public health safety and welfare;
b To provide guidelines for local governments in the formulation of
regulatory ordinances regarding flood plain use and occupancy;
c To draft and recommend guidelinesfor flood plain management in a
particular flood control area in order to achieve the goals and objec
tives thereof; and
d To perform such other functions as the Minister may direct.
Section
7 _ Storage
n
Rafting
of
Logs
-
The Council through its
deputies. may prohibit or control the rafting or storage of logsand other ob
iects on rivers and lakes when:
a causes pollution of waters used for domestic municipal purposes;
and
b causes danger to structures such as those for irrigation power and
flood control.
Section 8
_
Prohibitions n Requirements on Water Impoundment
The Council shall upon recommendation of the Ministry of Health prohibit
the impounding of water in ponds or reservoirswhen:
a The water is found to contain excessive pollutants;
b will degrade its quality;
c Public health is endangered; and
dl Such other similar situations.
Existing ponds or reservoirs falling under the aforementioned casesshall
be
ordered drained by the Councilor controlled by other approved methods.
Section
9 _Reservoir Operations
-
Owners or persons in control of
a reservoir shall submit to the Council the reservoir operation rule curve for
approval which shall
be
followed except during periods of extreme drought
and when public interest so requires wherein the Council may change the
operation during the period after due notice and hearing.
The Council shall reviewperiodically the rulecurve for possible revisions
A rule curve isa diagram showing the minimum water level requirement
in the reservoir at a specific time to meet the particular needs for which the
reservoir is designed.
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Furthermore anyone
who
operates a reservoir shall submit to the Council
his plan for handling maximum discharges with a view to avoiding damage to
life and property.
Section 40 _ Employment 0 Engineer in Dam Operations - All
operators of storage dams exceeding IO meters. high
o r
overflow dams ex
ceeding 2 meters high from the stream
bed
shall make arrangements for the
periodic inspection of said structures and its operating equipment by a regis
tered civil engineer for the purpose of identifying condit ions which
may
adversely affect the safety of these structures
and
giving advise to the operator
on the proper maintenance and operation thereof.
Section 41 _ Qualification 0 Well Drillers
- No person shall
be
per
mitted to undertake well drilling work unless he is duly registered with the
Council as a well driller. No person shall be registered by the Council
as
a well
driller unless he has at least any of (he following qualifications:
a) Graduation from high school with three 3 years experience in well
drilling work duly certified by another well driller registered with the
Council; or
bl
A
holder of a bachelor s degree in geology or engineering with one
(I)
year experience in actual drilling work.
Section 42 _ Permit to Drilla Well Except
for domestic use, no per
son shall drill
any
well for the extraction of ground water or make
any
altera
tion to any existing well without securing a permit from the Council .
For
this purpose, only wells with casings not exceeding 75 millimeters in
diameter may. be allowed for domestic use.
Section 43 _ Requirements or Drilled ells - Drilling of deep wells
for the extraction of ground water shall conform with the following require
ments:
a) The well shall be so designed and constructed that it will sea off con
taminated water-bearing formations or formations which have
undesirable characteristics;
b) There shall be no unsealed openings around the well which may con
duct surface water or contaminated or undesirable ground water ver
tically to the intake portion of the well;
c) All parts of a permanent well shall be of durable materials;
d) Wells constructed in a sand or gravel aquifer shall be provided with a
water-tight casing to a depth of 1.5 meters or more below the lowest
expected pumping level, provided that where the pumping level is less
than ten (10) meters from the surface, the casing shall extend three 3
meters below the lowest pumping level,
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e Casings of wells constructed in sandstone aquifers where the over
burden consists of unconsolidated materials shall be grouted to a
minimum depth of ten
10
meters, provided, that should there be an
additional overlying formation of creviced or fractured rock, the eas
ing shall be grouted to its full depth;
o Casings of constructed in limestone, granite or quartzite where
the overburden consists of drift materials shall be extended to a depth
of at least fifteen
15)
meters, and firmly seated in rock formation,
provided, that where the overburden is less than fifteen
15
meters,
the casing shall be extended three 3) meters into uncreviced rock,
provided, finally, .that in no case shall the casing be less than 15
meters;
g Wells for domestic and municipal water supply shall be constructed
in accordance with sound public health engineering practice;
h] The extent of pumping and extraction of ground water shall take into
consideration the possibility of salt water intrusion, land subsidence
and mining of ground water;
i Unlessotherwise allowed by the Council, an abandoned well shall be
properly plugged or sealed to prevent pollution of ground water, to
conserve aquifer yield and artesian head, and to prevent poor-quality
water from one aquifer entering another;
j Free-flowing wells shall be provided with control valves or other
similar devices to control and regulate the flow of water from such
wells for conservation purposes;
k Well sites shall be provided with drainage facilities for the proper
disposal/conveyance of surface water flow from the site;
I)
In general, spacing requirements except for wells less than
30
meters
deep, shall be in accordance with the table below:
RATE OF WITHDR W L
IN LITER S PER SE OND
2 - 10
More than 10 - 20
More than 20 - 40
More than 40
MINIMUM DISTANCE BETWEEN
WELLS IN METERS
200
400
600
1000
The Council, may increase or decrease the above spacing requirements
mder any of the following circumstances:
a for low-income housing development projects where home lot size
will limit available spacing between homeowners
wells;
b
where the geologicformation may warrant closer or farther spacing
between wells: and
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c where assessment of pumping test records on yields drawdown circle
of influence seasonal fluctuations in water table
and
other technical
data on ground water wells drilling
and
operation indicate possible
closer or farther spacing between wells.
In modifying the spacing requirements the following criteria shall
be
ap
plied:
a No new well shall cause more
than 2
meters of additional drawdown
to any existing well;
b the rate of withdrawal applied for a weI will cause additional
drawdown of more than 2 meters to
any
existing well the rate of
withdrawal applied for shall be reduced to satisfy the drawdown
limit.
c
The
Council shall prescribe
the
maximum
pump
size
and horsepower
in the water permit so
that
the rate of withdrawal shall
not
exceed
that
authorized;
d Groundwater mining may be allowed provided
that
the life of the
groundwater reservoir system is maintained for at least 50 years.
Section _
inimum
Stream
lowsand
Water evels
-
When the
Council deems it necessary to establish minimum stream flows for rivers and
streams andJor minimum water levels for lakes as provided under Article 66 of
the Code it shall notify the public through newspapers
that
a public hearing
shall be conducted for such purpose.
In
the conduct of the hearing the follow
ing shall be considered:
a Adverse effects on legal appropriators;
b Priorities
that
may be altered on the basis of greater beneficial use
andJor-multi-purpose use;
c Protection of the environment control of pollution navigation.
prevention of salt water damage and general public use; and
d Other factors relevant to the situation.
In general the Council shall consider the following criteria in the
establishment of minimum stream flows of rivers and streams and minimum
water levels of lakes:
a
For
water quality and environmental protection the minimum stream
flow or lake water levelshall be estimated based on the threshold con
centration of pollutant and environmental requirements in coopera
tion with the
NPCC
and NEPC
b
For
navigation purposes the minimum flow or water level to
be
pro
vided shall be such
that
the resulting streamflow or water level shall
remain navigable to the existing vessels that ply the river or lake;
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c For fish conservation consideration shall be made such that the
resultingstreamflowor lake
level
willnot adversely affect theexisting
fish habitat. The minimum flow/water
level
to be provided shall be
determinedby the Council in consultation with BFAR.
d In any case the minimum requirement shall
the observed or esti-
mated absolute minimum stream flow or lake level
Section 5 _ Protection Water upply Sources - No person shall
discharge into any source of water supply any domestic sewage industrial
waste or pollutant not meeting the effluent standards set by the National
Pollution Control Commission.
Section 6 _ ine Tailings Disposal - Water discharged with mine
tailings or wastes shall not contain minerals or other substances injurious to
man animal aquatic life agriculture or vegetationin concentrations exceed-
ing the maximumprescribed by the National PollutionControl Commission.
Tailingsdams pondsor similarcontrolstructures locatedalongriverbeds
whenever required shall be strong enough to withstand the
forces
in the river
during typhoons and flash
floods
Mine operators shall undertake appropriate erosion control measures in
their miningareas to minimize the amount of sediments therein that willbe
carried to river systems
Section 7 _ omplainton Drainage ystem
onstruction
- Any
complaintpertainingto the constructionof a drainagesystemunder the
provi-
sions of Article
44
of the Code shall
treated under Rule III hereof.
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RULE III
DMINISTR TION ND ENFOR EMENT
Section 48 _ General Guidelines for Water Resources evelopment
Projects Programs - As a general rule a water resources projectJprogram
may be implemented only if it is in accordance with the national socio
economic development goals and objectives or necessary for the national
security or protection of lifeand property. Any projectJprogram involving the
appropriation of water shall be directed towards the optimum single and/or
multi-purpose utilization thereof. Whenever practicable projects shall becon
ceived and viewed according to multi-purpose water resource planning con
cepts within the ar ea unit of a river basin. In the case of small scale water
development projects not readily covered by large-scale water development
projects development planning of the la tter shall proceed alongside the
implementation of the former.
Section 49 Specific Guidelines -
The size and time phase of pro
jects/programs shall satisfy appropriate socio-economic indicators more parti
cularly the benefit-cost and/or cost-effectiveness criteria their supplementary
and complementary -roles to the projects program of other government sec
toral plans and their ecological effects.
Section 50
_ Water Resources
ProjectS Programs
y GovernmentSec-
tor - Government water resources and related projects/programs shall be
submitted by the proponent agencies to the Council whichmay if necessary
refer the matter to the proper deputies or concerned agencies for evaluation
and comment in accordance with the above guidelines before approving the
same.
Section
51
_ Water Resources Projects Programs y
Private
Sector -
Any private inter.ested part y may propose any water resources project
through the appropriate agencies and/or deputies who shall forward the same
to the Council a fter evaluating and c omme nting with respect to the above
guidelines. The Council before appr ovin gthe project may if necessary refer
or cons ult with other a ppropria te deputies and/or concerned government
agencies.
Section
52
Requirements
Water
Resources
Projects Programs
-
ProjectJProgram proposals shall contain indicators of socio-economic justifica
tion relationship to the National Development Plan impact statement on the
sector s project/program supports and complement regional impact state·
ment environmental impact statement and such other information as the
Council may require. Projects such as artesian wells spring development and
barangay waterworks for purely domestic and municipal use and such other
small-scale projects as the Council may determine shall exempted from this
requirement.
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Section 53 _ Resolution
Conflict risingfrom
roject
- Any con
flier
involving the
of water that may arise from the project/program
pro-
posal
hallbe
resolved
on the basis of national/regional priorityand
needs
i.e.
need for power generation in multipurposeproject shall be reckoned on the
quantity and timeof such needson a gridbasisrather than on a single project
basis alone.
Any conflict which adversely affects a particular segment of society
groupof individuals or smallcommunity may resolved after a publichear-
ing has been conducted by the Council or its proper deputies.
Section 54 _ Deputies - The Council may appoint a deputy for each
or a combination of the following functional areas related to water
resources:
a hydrologic and metereologic data;
b
flooding areas and inland waterways;
c
lakes and marshes;
d watersheds;
e water supplyand sewerage;
1
water accounting within watersheds;
g other water resources activities
Each deputy shall gather and organize data in accordance with their
assigned functionsfor submission to theCouncil.The Councilshalldetermine
the frequency and type of data to be gathered.
Section
55
Information ssessment -
TheCouncilshallcollateand
analyze technical data. shall also develop an indexing system for all its
publications indicating the date published water resource basin involved.
basicenvironmental indicator and such other related
indices.
Studies based on data retrieved from and/or submitted by the deputies
may be undertaken by any party provided that he shall furnish the Council
the result of such studies.
The Council shall undertake a study of the manpowerrequirements of a
water resourcesector which may be considered in setting up and implement
ingappropriatemanoower developmentmeasures.
shallalsoestablish a positionclassification systemfor employmentpur
poses
in coordination with water oriented agencies and theOfficeofCompen
sation and PositionClassification.
The Council shall initiate and undertake studies of water consumption
patterns alongthedifferentpurposes provided in theCodeparticularlythat of
industry.
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Section
56
_
Agents - The Council may appoint agents to perform
specific functions such as investigation of water permit applications, water
rights controversies and other activities as it may assign.
Section 57
.._
Committee on Arbitration - The Council may create
and authorize a Committee on Arbitrat ion for purposes of determining the
rate of just compensation in instances provided under the Code. Such commit
tee shall be composed of the Council Deputy/Agent
who
must be a profes
sional technical man as Chairman, the Provincial Assessor, and the Provincial
Development Officer of the province where the subject premises is situated
together with the representative of each of the parties involved, as members.
The
Committee shall take action on any claim referred to it by the Coun
cilfor
evaluation
and
submit a report thereon within thirty 30 days from
receipt of notice of formation of the Committee unless a longer period is re
quired, in which case extension maybe granted upon authority of the Council.
Section
58 _
Review and Approvalo Rules and Regulations Involving
ater - Rules and regulations by any government agency involving policies
on the utilization, exploitation, development, control, conservation or protec
tion of water resources shall
be
reviewed and approved by the Council, unless
the charter of such agency provides that the same shall
be
approved by the
President, in which case the proposed rules shall first be referred to the Coun
cil for comment.
Section 59
_
Agreements Involving
ater
-
Any agreement among
government agencies involving the use of water for irrigation, hydro-power,
industrial, domestic and municipal water supply shaIl, in all cases, be subject
to review and approval of the Council. In the review of such agreements, the
Council may consult the parties and other government agencies concerned.
Section
6
_
Disposition o Funds Collected - All income of the
Council from fees and charges shall be remitted to the National Treasury and
treated as a special account under the General
Fund
to the credit of the Coun
cil. The operational and maintenance expenses of the deputies and agents of
the Council shall be financed under this account in accordance with a special
budget to
be
submitted to the Budget Commission. Any generated surplus
shall
be
invested for water resources development purposes including but not
limited to the purposes envisioned under Article 81 as may be recommended
by the Council.
e tion 61 _Parties in Water Use Conflicts controversies -
The
complaining party shall be referred to as Complainant/Protestant and the party
against whom the complaint is filed shall be referred to as Respondent/
Protestee.
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Section
6 _ omplaints - All complaints shall be in writing, sworn
to by the complainantlprotestant
and
must contain the following:
a) Na me, postal address and personal circumstances of c om pl ain an t/
protestant;
b) Name and postal address of respondent/protestee;
c) S ubs tance of the complaint;
d) Grounds or causes of action;
e) Brief and concise s ta te me nt of the p er ti ne nt facts and circumstances;
f
Relief sought; and
g) Na me s and p ost ala dd re sse s of witnesses to be s umm on ed , if any.
All complaints shall be accompanied by affidavits of witnesses as well as
supporting documents, if any.
However, complaints/protests filed solely on the ground of adverse ef
fects on the privileges to use w at er from any source shall not be entertained
unless the complainant/protestant is a water permittee.
Section 6 Ylace ofFiling - Complaints/Protests may be filed with
the Councilor the Office of the Public Works Regional Director or the Public
Works District Engineer or NIA Provincial Irrigation Engineer, of the place
where the source of water subject of the controversy is located. Complaints/
p ro te st s on the use of w at er for h yd ra ul ic p ow er d ev el op me nt shall be filed
with either the Councilor
the Office of the Public Works Regional Director.
Section
64 Yiling
Fee
- There shall be imposed
and
collected a filing
fee of One Hundred
PIOO.OO
Pesos from every complainant/protestant ex
cept from pauper lit igants in accordance with the Rules of Court. The said fee
shall be paid to the office where the complaint/protest is filed in the m an ne r
p rov ide d u nd er S ec tio n 6 of Rule I
Section 65 nswer - Upon receipt of a complaintlprotest, the agen
cy/office concerned shall furnish the respondentlprotestee a copy and such
documents accompanying the complaint, and require him to answer in writing
within ten
lOr
days from receipt thereof.
Should respondentlprotestee fail to answer within the period provided
herein, the inv es tig ato r shall p rocee d e x-p ar te to receive the e vi de nc e and
testimony of the complainant/protestant and his witnesses, and shall submit
his r ep or t to the Co un ci l based on the facts and e vi de nc e a dd uc ed .
Section
66 Jreliminary
onference - Upon receipt of respondentl
protestees answer, the investigator shall direct the parties and their attorneys
to appear before him for conference to consider the possibility of an amicable
settlement.
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The proceedings during the preliminary conference shall be summary in
nature and shall be conducted informally without the investigator being
bound to follow strictly the technical rules of evidence. He shall take appro
priate steps towards a peaceful and equitable settlement of the dispute.
Section 7_
Amicable Settlement
- Amicable settlement shall, in all
cases, be reduced in writing and signed by the parties. Within fifteen 15 days
from the signing thereof, a report with comments and recommendations shall
be submitted to the Council for approval.
Section
8 _
Venue of Investigation Hearing
- Should the parties fail
to agree during the preliminary conference, the investigator shall immediately
hear the case in the barrio, municipality or province where the subject of the
controversy is located or at any other place agreed upon by both parties. Any
disagreement as to venue shall be resolved by the Investigator whose decision
is final.
Section
69 _ rder of
Proceedings - The investigator shall hear first
the testimony of the complainant/protestant and his witnesses
and
next the
testimony of the respondent/protestee. During the proceedings, the parties
shall have the right to confront and cross-examine the opposing party on the
submitted affidavits. After the presentat ion of the evidence by the parties,
they may at their option submit a memorandum/memoranda in suppor t of
their claim/defense in lieu of an oral argument.
Section
7 Authortty Functtons
of
Hearing Officer - The Investiga
shall be duly authorized to administer
oath
to witnesses, take depositions
and secure the attendance of witnesses and/or production of relevant
documents through the compulsory process of subpoena and/or subpoena
duces tecum. The contending parties may avail of such processes by filing a
formal written request with the Investigator.
The proceedings shall be duly recorded and shall include a physical or
ocular inspection of the premises and for the purpose, the Investigator and the
parties shall have authority to enter upon private lands with previous notice to
the owners thereof.
The Investigator may conduct ex-parte investigation/hearing if cir
cumstances so warrant.
Section
71 _0rders Rulings
-
Interlocutory orders/rulings made dur
ing the proceedings are not appealable.
Motions for postponement or continuance shall
be
based on valid and
reasonable grounds and the gran t or denial thereof rests
upon
the sound
discretion of the Investigator, provided
that
not more than three 3 postpone
ments may be given to either party or a total of six 6 postponements in a
given case. regardless of the number of parties and provided further, that in no
case shall any postponement last for more than three 3 calendar days.
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e tion 72. Jnvestigation Report
-
The Investigation shall transmit
to the Council within fifteen 15 days from the date of termination of the
proceedings his report with the complete record of the case with a
comprehensive sketch of the premises involved. The report shall contain the
following:
a Names and postal addressess of the parties;
b] Nature of the controversy;
c Summary of the allegations and proofs presented by parties;
d Clear and concise statement of the findings of facts borne by the
evidence and/or revealed in the ocular inspections;
e The law and rules involved; and
Conclusion, comment and recommendation.
e tion
73 JJecision
- All disputes shall be decided within sixty 60
days after the parties submit the same for decision or resolution. Decisions
shall be in writing, stating clearly and concisely the cause or causes of action,
findings of facts and the law or rules upon which they are based.
The Council shall have the power to
issue
writs of execution and enforce
itsdecisions with the assistance of national or local law enforcement agencies
subject to prior notice to the.party concerned in accordance with Article 84 of
the Code.
e tion 74
roof
ofService -
Decisions,resolutions or orders of the
Council shall
be
furnished to the contending parties thru their counsel if
represented, or by personal/substituted service or registered mail with return
card. Personal/substituted service to the parties shall be acknowledged in
writing, indicating the date or receipt and the name of the person serving.
Should any person refuse to receive the decision, resolution or order, a written
statement to such effect duly signedby the personserving shall be submitted.
Decisions, resolutions or orders coursed through the deputies/agents of the
Council, shall in all cases,be servedupon counsel, if represented,or to the par
ty within five
5
days from the date of receipt by the Office concerned.
e tion
75 AppeaIlPetition for Reconsideration and/or Reinvestiga-
tion
A Appeal from the decision of the Council in accordance with Article
89 of the Code shall be made by the party adversely affected within
fifteen 15 days from receipt of the decision unless a petition for
reconsiderationor reinvestigation is
filed
with the Council within the
same period. The filing of said petition suspends the running of the
15·day period within which to fiiean appeal with the Court.
B
Petition for reconsideration/reinvestigation shall
be
based on any of
the following grounds:
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I Fraud, accident, mistake or excusable negligence which Of
dinary prudence could not have guarded against and by reason
of which the aggrieved party has probably been impaired in his
rights;
2 Newly discovered evidence which petitioner couid not, with
reasonable diligence, have discovered, and produced at the in
vestigation and which if presented would probably alter the
result; and
3 Palpable errors in the findings of facts and conclusions of law or
decisions that are not supported
by
the evidence adduced in the
investigation.
Only one petitioner for reconsideration/reinvestigation accompanied by
proof of service upon the other party shall be entertained. Resolution or
peti
tions for reconsideration/reinvestigation shall be served upon the parties con
cerned in accordance with Section 73 hereof.
e tion
7 _Stay of Execution -
he f il ing of pet it ion for
reconsideration andlor reinvestigation under the preceding section or an appeal
with the Court
of
First Instance under Article 89
of
the Code shall not stay
the execution of the decision, resolution or order of the Council unless a bond
as provided for in Article 88 shall have been posted.
e tion
_Light Offenses - A fine of not more than woHundred
P200.00 Pesos and/or suspension of the permit/grant for a period of not more
than sixty 60 days shall be imposed for any of the following violations:
a illegal taking or diversion of water in anopen canal or reservoir;
b unauthorized utilization of an existing well or ponding or spreading
of water for recharging subterranean or ground water supplies;
c appropriation of subterranean or ground water for domestic use by
an overlying landowner without the registration when required by
the Council;
d failure of the appropriator to keep a record of water withdrawal when
required by theCouncilor by the rules and regulations of other water
oriented agencies such as Water Districts created pursuant to
Presidential Decree No. 198, as amended, provided that such rules
and regulations have been approved by the Council;
e repair without permission of hydraulic works or structures involving
alteration of its hydraulic or structural features as originally ap
proved;
an
f such other infractions as the Council may determine.
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e tion 7S _Less Grave Offenses - A fine of more than
Two
Hun-
dred
P200.00
Pesos
bu t
not
exceeding
Five
Hundred
P500.00
Pesos andJor
suspension of the water permit grant for a period of one hundred twenty 120
days shall be imposed for the following violat ions:
a unauthorized sale, lease or t ransf er of water permits and or water
rights;
b failure to install a regulating and measuring device for the control of
the volume of water appropriated when required;
c non payment
of water
charges; and
d violation of or non-compliance with any order , rule or regulat ion of
the Council.
e tion
9 _Grave
Offenses -
A fine of more
than
Five
Hundred
P500.00 Pesos
but
not exceeding One
Thousand P1,000
Pesos and or
revocation of the water permit grant of
any
other right to the use of water
shall be imposed for any of the following violations:
a drilling a well
without
permit or with expired permit;
b fai lure to provide
adequate
facilities to prevent or control disease
whenever required in the construction of
any
work for the storage,
diversion, distribution
and
utilization of water;
c construction of
any
hydraul ic work or structure without duly ap
proved plans and specifications;
d failure to comply with any of the terms or conditions in a water per
mit or
water
rights
grant not
covered by the preceding sections;
e non-observance of any standard for the beneficial use of water andJor
schedule of water distribution;
f use of water for a purpose other than that for which a right or permit
was granted;
g malicious destructions of hydraulic works or structure valued at not
exceeding Five Thousand P5,000.OO Pesos;
h unauthorized sale of water in violation of the permit; and
i such other serious violations as the Council may determine.
e tion
SO _Penalties or Delinquency - Where the penalty imposed
is a fine
and
the offender
fails to pay
the same
within the given period, he shall
be liable, in addition, to pay Five P5.00 Pesos per day of delay
bu t
in no case
to exceed One Thousand PI ,000.00 Pesos. However, if the penalty imposed
is suspension of the water permit/grant, the counting of the period shall begin
from the time the original copy of the water permit/grant certificate is sur
rendered to the Councilor
any
of its deputies/agents. Such grantJpermit/certi
f icate shall be surrendered within fifteen 15 days from receipt of the
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Council s order or decision and any delay in the surrender thereof
will
be
meted a penalty of Five IP5 00 Pesos each day.
Section 8 Violationsby Juridical
ersons
- In cases where the
of-
fender is a corporation, firm, partnership or association, the penalty shall be
imposed
upon the guilty officers mentioned in Article 92 of the Code.
Section
8
Violations by Non Permittees - In cases where the
violator is not a permittee or grantee or has no right to use the water whatso
ever, the Council thru its deputies or authorized representatives shall cause
the stoppageof the use of the water either by plugging or sealingof the
well if
the same involves ground water appropriation or demolition of the dam or
hydraulic structures if the same involves surface water, without prejudice to
the institution of a criminal/civil action as the facts and circumstances may
warrant.
Section
83 _Violations by Non Owners
- In cases where the violator
is not the owner of the wellor structure, he shall be penalized twice as much
as the fine imposed on the owner of such
well
or structure without prejudice
to the inclusion of his name as a party defendant in any action
filed
Proper
representations in this regard shall be made with the appropriate agency for
the.cancellation or suspension of his license/certificates of registration.
Section 84 _ ffer ofCompromise - In cases where offender, at any
time before the execution of the order or decision, offers in writing to pay the
fine
imposed
instead of having his/her permit/grant suspended for a given
period, theCouncil may, if the circumstances so warrant, accept such offer or
compromise. However, if the penalty imposed is both fine and suspension of
the permit for a given period, the offer shall necessarily include the amount of
the fine imposed as wellas such amount as maybe determined by the Council
correspondingto the period for which the permit should have beensuspended.
Section 85 _Summary
Revocation/Suspension
- Water permits or
other rights to use the water may be revoked or suspended summarily by the
Council if any of the following facts and/or conditions exists
a That the suspension/revocation
will
redound to greater public
in-
terest, public health and safety;
b That the acts complained of are grossly illegal per se;
c That the violative act is the second offense on record involving the
same infraction;
d That the non-observance of or non-compliance with the rules, order
or regulation is willful and deliberate;
e When there isa prima
facie
showing that the non-observanceof any
standard for the beneficial use of water or non-compliance with any
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of the terms or conditions in a water permit or water rights grant s
prejudicial to the life and property of third person;
o When the suspension or revocation thereof is sought by an injured
party provided he files a bond to cover any damage which maybe
sustained by the permittee or grantee arising from such summary
revocation/suspension;
g In times of emergency where there isa prima facie showing that the
use of water by the permittee/grantee is wasteful;
h When health authorities so recommend to prevent or control the
spread of disease due to inadequate facilities;
i When ina decision of a competent court the revocation or suspension
of the water permit or grant is ordered or recommended; and
j
Such other serious offenses or gross violations and infractions as the
Council may decide.
e tion S _Applicability
the New Rules
Court and Related
Laws - The provisions of the New Rules of Court Presidential Decree Nos.
77 and 911 on preliminary investigation shall have suppletory effect on mat
ters not specifically covered by these rules.
e tion 8 _Appeal Council
ecisions -
The decisions of the
Council concerning policieson the utilization exploitation development con
trol conservation and protection of water resources may be appealed to the
President.
e tion
_
These rules shall take effect fifteen
15
days after publica
tion in three 3 newspapers of general circulation.
UNANIMOUSLY ADOPTED AT THE 119th MEETING OF THE
NATIONAL WATER RESOURCES
O U N I L ~ ~ ~
UNE 11 979_
J ~
Chairman